Revision of Penal Code is being rushed–Nico Halle

The President of the General Assembly of the Cameroon Bar Association, Ntumfor Barrister Nico Halle has asserted that the draft bill on the revision of the Penal Code was rather rushed to Parliament, instead of giving it the attention by the various stakeholders so that it can be “credible and acceptable” by all.

He made the assertions in an exclusive interview granted The Post on Tuesday, June 21.

Excerpts:

The Post: How do you react to the revision of the Penal Code; whether the subtractus there-from or the addendum thereto?

Ntumfor Nico Halle: First, let me thank you for putting to me this very crucial question to which I will attempt an answer. The whole idea of revising the Penal Code is not only very timely, but laudable and salutary. Reason being that the Penal Code is more than 50 years old now, and has, definitely, outlived its usefulness and, consequently, begs for modification. You will agree with me that portions or certain provisions of this Code are obnoxious, repugnant and even anachronistic.

The draft bill that was tabled for the modification of this Code, I must say, contained revolutionary innovations, taking on board certain aspects that have come to the fore, with time, which, if not addressed, could be very detrimental to public order, peace and harmony.

It would be most dishonest for anybody to think that this initiative was uncalled for. That said, we must admit, sincerely, that the draft bill contained grey spots as well as setbacks that could have been taken care of if the bill had been given the attention that it deserves by experts in the domain. And talking about experts, I mean experts in law and in other areas that impact society.

I am making reference to lawyers – the lawyers ought to be at the forefront of the exercise, including magistrates and human rights actors, because, they interact on a daily basis with agents that cause the mischief that needs to be addressed. Lawyers and magistrates, on a daily basis and by their profession are going to file most of the cases of moral decadence, which, unfortunately, is systematically on the rise, despite efforts to abate them.

My recommendation at this point would have been the putting in place of a restricted committee made up of all Presidents of Courts of Appeal, all Attorneys General of the Courts of Appeal, the honourable President of the Supreme Court, the honourable Attorney General of the Supreme Court, the current and all past Presidents of the Cameroon Bar Council, the current and all past Presidents of Bar Association General Assembly, three members of the public media including the President of the National Communication Council, three members of the private press including the Presidents of CAMASEJ, CJA, CUJ, three members of CONAC including the President, three members of the National Commission on human Rights and Freedoms including the President, the clergy; Catholic, Presbyterian, Baptist and Moslems, three leaders of prominent CSOs and two businesspersons, to be presided over by the Minister of State, Minister of Justice and Keeper of the Seals, and given one or two months to prepare a credible and acceptable draft bill to take to Parliament.

As far as I am concerned, there shouldn’t be any rush. If we have waited for 50 years, we can wait for a few months to have something thoroughly and properly done for the good of our nation. The above notwithstanding, good laws without good people doesn’t make a difference. The implementation of laws has been a very worrying, troubling, saddening problem in Cameroon.

Take, for instance, the 1996 Constitution; I can name three or four provisions which, up till today, have not been implemented and nobody has been able to provide any adequate explanations to the Cameroonian people. I am making special reference to Article 66 of that 1996 Constitution whose spirit was to curb corruption and embezzlement, which scorch has dealt a very deadly blow to the foundation of the economy.

Secondly, the Constitutional Council, which, up till and including now, still remains a myth. Only God knows when it will be implemented, and the putting in place of the Regional Councils and so on. This is the people’s will that has been put on hold for 20 years.

What do you say about the criminalisation of begging and idleness, when the Government is unable to provide employment or unemployment support to citizens?

That particular bill is good but it has its loopholes, because, our streets are flooded with people who are quite able but they prefer to be begging. The worry I have about this is that we have not made sufficient provision for most of the people who haven’t regular jobs.

We must admit that there are some who are physically challenged who cannot do any job and their only source of living is begging. I want to say that it is a pathetic situation which, either way, one’s position is somehow compromised. This law can only work to a certain extent.

How do you appraise the law on adultery?

I think that that amendment is so laudable. I doff my hat to those who made that amendment. For so many years, I have been asking myself where that discriminatory provision came from; where a woman is punished for the same act where the man is left off the hook. For me, adultery is adultery. However, I must say here that adultery is very difficult to discover and to prove. Not up to two percent of adultery is discovered.

Where are we with the law on corruption?

You will agree with me that the article on corruption is not only welcome but very timely and I want to appreciate it because not only corruption is a crime against humanity; it is more deadly than HIV/AIDS. It is responsible for the very high level of poverty and unemployment in Cameroon. Well, this is a good law.

Would you say the provisions on cyber-criminality are sufficient?

It is the most recent phenomenon which is making headline news in the area of criminality. Here, almost everybody is either a victim or a criminal. The youths are taking the lead. I am glad that this law is being put in place. I also wish that they visit the area of pornographic films, corruption of minors and even heighten the law on terrorism.

You have always taken a tough stance against homosexuality. Does the law fully address your worry?

I congratulate the Government for reiterating the law on homosexuality and even stepping it up. The Bible recommends death for this act which, for me, is so abominable. Where a man behaves worse than an animal - a male goat goes after a female goat for mating, a male horse goes after a female horse – so, if a man cannot go after a woman for sex but prefers a man, then, such a person is worse than an animal.

For me, however, the penalty provided for is so mild. But I will be the last person to recommend death as sentence for homosexuality as the Bible – as I know that Saul, the greatest Apostle in the Bible, changed on his way to Damascus, so too can any homosexual, in particular, and any sinner, in general. No man is perfect.

Mr. President of the General Assembly of the Bar, why this sudden atavism; this sudden outing by lawyers on issues of national concern and debates, which they seemed never to care about?

I take exception to that, because, lawyers in Cameroon have been very alert in the past years about things happening in the nation and have tried to make their voices or opinions felt. Because of their training, lawyers don’t flex muscles, they do not demonstrate, they don’t stage strikes.

This shows how responsible, disciplined our lawyers have always been. However, in recent times we have suggested that lawyers should not sit in the back burner as they are a State institution that should contribute its own quota in nation building by being patriotic.

I remember during the few General Assemblies that I have presided over; I have reminded my colleagues of their very important role in the socio-cultural, economic and political life of the nation. This clarion call I made when I discovered that lawyers are hardly consulted on burning issues concerning our nation.

Take, for instance, the draft bill that we just discussed, they were not consulted. In fact, I was at a loss that the Bar Association was just forgotten, to say the least. I have always said that “No Barrister, No Law,” because lawyers are frontline players in this domain because they ensure the law – being watchdogs of laws. Another example is the recent international economic conference that took place in Yaounde at the graceful initiative of the Head of State.

This was a wonderful initiative which I have commended and I wish that it should happen, maybe, every year for investors to take advantage of the huge economic resources God has blessed Cameroon with. My problem was the fact that the organisers of that forum did not as much as invite lawyers who are experts par-excellence and who could aptly and ably analyse the legal instruments governing investment in Cameroon.

This will give credence and security to any investor to put his money in any venture here in Cameroon. The first thing an investor wants to know is how secured are his investment in any given areas as well as the incentives.